People v. Nieves

OPINION OF THE COURT

Daniel P. Conviser, J.

The defendant moves to be resentenced pursuant to the Drug Law Reform Act of 2009 (2009 DLRA) (L 2009, ch 56, part AAA, codified at CPL 440.46). That motion is opposed by the People. For the reasons stated below, the court finds that the defendant is not statutorily eligible for resentencing. The court holds that defendant’s instant class B felony sentence has already been completed and that his subsequent sentence for a class C felony drug offense not covered by the 2009 DLRA did not serve to extend the period of his instant class B felony sentence…